Gable Tostee

[lionking]

No its not rubbish there are photographs which I have seen online & he had a medical examination of the injuries. He still had bruising and scabs from the cuts more than a day later so he would have definitely been bleeding a fair bit

He had cuts all over arms, legs etc

Yeah. Evidence of what? Active sex?

How does this excuse this large man throwing a small woman on to the balcony?

I don't believe you have answered the question. Why did he not throw her out the door and/or call the police? I don't expect an answer from the Tostee apologists.

 

[Hard Cheese]

No its not rubbish there are photographs which I have seen online & he had a medical examination of the injuries. He still had bruising and scabs from the cuts more than a day later so he would have definitely been bleeding a fair bit

Those scabs and scars are old, there's no way they were made in the last 24 hours.

The poor, buffed, bodybuilding baby

He's not much of a bodybuilder, TBH. I've seen musclier legs on a size 12 Tegel.

 

[gareththomasnz]

It was a 14 floor apartment & she was pissed out of it. If he wanted her out he would have had to get her to the ground floor & out the front door

At stake ? - his tenancy perhaps

It was a bad night on the piss for the pair of them. Neither is guilty of anything really except being extremely immature. I used to do this stuff when I was 15.

 

[lionking]

He's not much of a bodybuilder, TBH. I've seen musclier legs on a size 12 Tegel.

He was twice her size

 

[Hard Cheese]

He was twice her size

That didn't stop her from attacking him at one point, so I don't see how she was intimidated by his size. Looking at the photos of his injuries, if you hadn't told me beforehand he was a bodybuilder I would have laughed at you. He is about the most unimpressive bodybuilder I've ever seen.

 

[LTC8K6]

Just as a thought exercise...

Suppose he shoves her, drunk as she is, out the front door, and she tries to leave by the stairwell, falls down the stairs and dies?

Or maybe she makes it to the street, and walks out in front of a bus?

Is he responsible for her death in either of those scenarios under the relevant laws?

 

[quadraginta]

Agree mostly with gareththomasnz

If you read the full transcript of the recording (which has been publicly available for over two years):

<snip>

By your own account she begged him to let her go and he refused.

Then she died.

He's culpable.

 

[catsmate]

The transcript.

http://www.dailymail.co.uk/news/art...-final-struggle-plus-happened-afterwards.html

You can also find it here and here, for those who find clicking on Fail links makes them feel dirty.

I note that Wright states, several times, that she wants to call the police. And that she would jump off the balcony


Then there are gems like:

'Are you going to f***ing untie me because I will F***ing destroy your jaw. It is not f****ing funny...

and

...you are lucky I haven’t chucked you off my balcony you god damn psycho little (expletive).

You are not going to collect any of your belongings you are just going to walk out and I am going to slam the door on you, do you understand? If you try and pull anything. I’ll knock you out, I’ll knock you the (expletive) out. Do you understand? Do you understand?

And.

Female:"Just let me go home.”
Male: “I would but you have been a bad girl.”
Sound of door sliding shut.

Followed by

Female:“Just let me go home. Just let me go home.”
Male heavy breathing.
Faint scream detected.

No call to police or medical service, just calls to lawyer and father.

Curious who Wrisght's phone ended up in Tostee's pocket isn't it? Almost as if he'd take it so she couldn't call...

 

[quadraginta]

<snip>

This was the 14th floor I believe so he could not just shove her out the door in that state - she would never have made it out of the building unassisted.

<snip>

She didn't have any trouble making it off the balcony.

 

[catsmate]

I am not biased (or at least not to the extent of trying to push pizza eating as evidence of murderous intent). As for your question, I've mentioned twice already, he was doing exactly that when she assaulted him.

Yet she asked to leave and he wouldn't let her.

After the incident no doubt the shock & adrenaline sobered him up as would have eating a meal. So he was drunk & needed to sober up.

Yeah.. He seemed very calm when he called his father and lawyer...

He could have thrown her out with her belongings yes but she would have made a terrible commotion in the corridor screaming and yelling

His problem. He could have called the police.

This was the 14th floor I believe so he could not just shove her out the door in that state - she would never have made it out of the building unassisted.

So why not call, for example, a taxi?

I'm not connected to the case at all - just listened to the recordings and am making a non-emotional judgement

Oh and there is ample evidence of the damage to Tostee he had scabs and scars all over so must have been bleeding a fair bit at the time

Yeah, minor scratches and abrasions.

 

[quadraginta]

<snip>

Yes you can argue that he should not have put her on the balcony in that state - but he was also in a state of drunkeness

Is drunkenness an affirmative defense in Australia?

"I was drunk when I did it, yer Honor."

"Oh. Well I guess that's alright, then."
​

She should not have chosen to drink alcohol in an apartment with a 14 floor balcony

I wonder if the owners have that in the lease. Apparently they should. Otherwise there might be grounds for maintaining an attractive nuisance.

when she was fully sober at the beginning - same rationality in that argument

Except that she didn't choose to go out on the balcony. Someone made that choice for her.

She was a grown woman fully responsible for her actions. She was guilty of assault. She knew when she began drinking that there was a dangerous balcony. She chose to get blind drunk and have sex with a total stranger in an apartment with a 14 floor balcony. Even I wouldnt do that.

<snip>

Just a paragraph before this you were using drunkenness as a defense for Tostee, How did it all of a sudden get to be evidence of culpability for her?

Double standard much?

 

[CORed]

Normally yes, but when that person has physically and verbally assaulted you for an hour, left you with bleeding welts, begun to damage your property and has possession of a blunt instrument that they have struck you with you restrain them & put them somewhere they can not further do you damage.

How do you know he was not planning to call the police?

I assume he intended to leave her there to sober up

Also a question to you - how much of the recording have you listed to?

I have listed to 40 minutes chronologically.

As this case was it could have been between two females, muliple people of either sex, two males. There is clear bias because it was a man and a woman.

Some time ago I had a friend that got drunk and the story police were told is that he fell from a chair & broke his neck. Now this guy was a scraper & the odds that this is what really happened are slim. There was no court case. Yet he was most probably killed wrestling in a fight.

Here because it is a female that screamed hysterically there is an assumption of guilt - that is wrong & it degrades the law and the civil rights we all have.

Warrena Wright had no right to assault Tostee or verbally abuse him. He at no time stuck her or behaved maliciously. Finally at the end his temper snapped and even then all he did was restrain her & put her out on the porch.

Honestly if you have not listened to as much of the recording as possible you should refrain from forming an opinion

I still have an open mind if there is incriminating content I have not heard in the full context.

If I had a date go that sour, the last thing I would want to do is keep the girl around. The notion that locking her on the balcony was in any way justifiable is ridiculous and deplorable. The only rational thing to do at that point was throw her out and send her on her way. If she calls the police, deal with it.

I don't know if he's guilty of murder, but he is certainly guilty of holding her against her will.

 

[The Atheist]

The balcony was the best place for her to be had she not climbed off it.

The balcony was the best place?

I guess your home planet has no gravity.

Wild conjecture devoid of evidence. This large, strong guy could have easily put her out the front door and/or called the police. Instead he put on the balcony and threatened to throw her over.

Here you go - the two people on this forum least likely to agree that the sky is blue, yet we agree 100% here.

 

[gareththomasnz]

Jury deliberations begin on monday - we should have a verdict by Friday I expect, possibly sooner.

I have nothing further to say - awaiting the verdict of the court. But if its guilty I fully support an appeal and retrial.

 

[lionking]

Jury deliberations begin on monday - we should have a verdict by Friday I expect, possibly sooner.

I have nothing further to say - awaiting the verdict of the court. But if its guilty I fully support an appeal and retrial.

You will only accept a guilty verdict. How very skeptical of you......

 

[gareththomasnz]

I made an online poll so lets vote - Is he guilty of Murder or Manslaughter yes/no

goo.gl/9v4sOK results at goo.gl/uZ6GHS

 

[lionking]

I made an online poll so lets vote - Is he guilty of Murder or Manslaughter yes/no

goo.gl/9v4sOK results at goo.gl/uZ6GHS

Online polls are rubbish. At all times. On any subject.

 

[Ben1985]

I don't believe you have answered the question. Why did he not throw her out the door and/or call the police? I don't expect an answer from the Tostee apologists.

I'll throw it back at you. If he wanted to kill her, why lock her on the balcony? He could've killed her quite easily inside the apartment. putting her on they balcony made it much easier for her to call for help and attract attention. And why close and lock the door if he wanted to murder her?

 

[lionking]

I'll throw it back at you. If he wanted to kill her, why lock her on the balcony? He could've killed her quite easily inside the apartment. putting her on they balcony made it much easier for her to call for help and attract attention. And why close and lock the door if he wanted to murder her?

Have a look at the law he is being tried under. The act of locking her on the balcony, threatening her and putting her in fear of her life is sufficient to make him a murderer. He didn't have to throw her off the balcony.

One thing that is for certain is that if he had thrown her out the front door, she would still be alive.

 

[Ben1985]

Have a look at the law he is being tried under. The act of locking her on the balcony, threatening her and putting her in fear of her life is sufficient to make him a murderer. He didn't have to throw her off the balcony.

One thing that is for certain is that if he had thrown her out the front door, she would still be alive.

The law says that he needs to either have intended to kill her (which he clearly didn't), or that he engaged in the commission of an unlawful act that is likely to endanger a human life.

Not being a lawyer, I'm not going to speculate on whether the action of locking her on the balcony amounted to wrongful detention. But regardless, I think it's extremely difficult to argue that the act of locking her on the balcony was an act of intimidation "likely to endanger a human life". And I think a jury will likely think the same.